Opinion
March 6, 1989
Appeal from the Supreme Court, Dutchess County (Benson, J.).
Ordered that the order is affirmed, with costs.
We find that the court properly denied the plaintiffs' motion. The defendant presented triable issues as to, inter alia, whether there was an adverse material change in the decedent's health between the date of the medical examination conducted in connection with his application and the date that the policy was issued (see, Goldstein v. New York Life Ins. Co., 176 App. Div. 813), whether there were material misrepresentations and concealment by the insured as to the state of his health (see, Bronx Sav. Bank v. Weigandt, 1 N.Y.2d 545, 550), and whether, had it known of the applicant's condition, the defendant would have insured him (see, Di Pippo v. Prudential Ins. Co., 88 A.D.2d 631). Thompson, J.P., Kunzeman, Spatt and Balletta, JJ., concur.